KNCHR condemns alleged abduction of Tanzanian activist in Kenya

Tanzanian political activist Twaha Salim Mwaipaya.

The Kenya National Commission on Human Rights (KNCHR) has condemned the alleged abduction of Tanzanian political activist Twaha Salim Mwaipaya in Machakos County on October 25, saying his disappearance raises concerns about the safety of dissidents and refugees in Kenya.

The commission said Mwaipaya was travelling by taxi to visit friends in Kamulu when unidentified individuals intercepted the vehicle at about 2pm.

He was then reportedly forced out and taken away in a convoy of three vehicles. His whereabouts remain unknown.

Mwaipaya sought refuge in Kenya in 2025, fearing for his life, the Commission said.

“The Commission is deeply concerned that this incident appears to form part of a disturbing pattern of enforced disappearances, abductions, and unlawful cross-border transfers involving individuals residing in, or seeking refuge within, Kenya,” it said in a statement.

Further, the lobby group cited the alleged abductions of Tanzanian nationals Maria Tsehai Sarungi and Mshabaha Hamza, reportedly at gunpoint in Nairobi over the past two years.

It also recalled Foreign Affairs Principal Secretary Korir Sing’oei’s public acknowledgment that the government had repatriated four Turkish nationals who had disappeared after being abducted by armed men in Nairobi.

The four; Alparslan Tasci, Mustafa Genc, Huseyin Yesilsu and Ozturk Uzun, were registered asylum seekers and refugees under United Nations protection, KNCHR said.

The commission further cited the November 16, 2024, abduction of Ugandan opposition politician Kizza Besigye and his aide, Hajj Obeid Lutale, from their apartment by men believed to be government agents.

The two were forcibly transferred to Uganda after travelling to Kenya for the book launch of Martha Karua’s People’s Liberation Party.

KNCHR said the incidents raised serious questions about the protection of people at risk, respect for the rule of law and Kenya’s compliance with its constitutional and international human rights obligations.

They also threaten Kenya’s reputation as a safe haven for people fleeing persecution, political repression and threats to their lives, it said.

“Kenya has a constitutional and international obligation to respect, protect and fulfil the human rights of every person within its jurisdiction, without discrimination on grounds of nationality or immigration status,” it said.

The commission has now called on the government to urgently establish Mwaipaya’s whereabouts, guarantee his safety and hold accountable anyone found responsible for his disappearance.

It also urged authorities to protect refugees, asylum seekers, political exiles and other people at risk.

KNCHR said Kenya must comply with international refugee and human rights law, including the 1951 Refugee Convention and the principle of non-refoulement, which prohibits returning people to places where they face persecution or other serious harm.

“No person should be subjected to an unlawful transfer, rendition or return that exposes them to persecution, torture or other serious human rights violations,” the commission said.

It also urged the government to avoid actions that facilitate unlawful renditions or violate the principle of non-refoulement, warning that Kenya must not become a staging ground for transnational repression, enforced disappearances or the unlawful transfer of people to jurisdictions where they risk persecution.